HomeMy Public PortalAbout20200330EmergencyPacket.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
EMERGENCY MEETING OF TYBEE ISLAND CITY COUNCIL
March 30, 2020 at 3:30 PM (video/telephonic)
Please silence all cell phones during Council Meetings
Call to Order
Council, Officials and City Attorney Considerations and Comments
1. Bubba Hughes: COVID-19 Proposed Ordinance
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
1. Bubba Hughes: COVID-19 Proposed Ordinance
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EMERGENCY DECLARATION AND ORDINANCE
A DECLARATION OF A STATE OF EMERGENCY ARISING
BECAUSE OF COVID-19; AN ORDINANCE TAKING
IMMEDIATE EMERGENCY MEASURES AND RATIFYING
PREVIOUS ORDERS/DIRECTIVES AND DECLARATIONS
WHEREAS, the President of the United States declared a National Public Health
Emergency on March 13, 2020; and
WHEREAS, the Governor of the State of Georgia declared a State Public Health
Emergency on March 14, 2020 and urged “local officials to do what’s in the best interests
of their communities to keep people safe and stop the spread of coronavirus” on March
19, 2020; and
WHEREAS, the World Health Organization has declared Coronavirus Disease 2019
(COVID-19) a world health emergency and a pandemic; and
WHEREAS, the number of confirmed cases and deaths from COVID-19 is escalating
rapidly, internationally, nationally, and locally; and
WHEREAS, based upon the experience of other local governments in Georgia, a growing
number of other cases are likely to occur; and
WHEREAS, on March 16, 2020, the Center for Disease Control (CDC) and the President
of the United States stated that any gathering of over 10 people should be discontinued or
prohibited; and
WHEREAS, on March 23, 2020, Governor Kemp announced that “certain individuals
with an increased risk of complications from COVID-19 [were] to isolate, quarantine, or
shelter in place,” covering those who “live in long-term care facilities, have chronic lung
disease, are undergoing cancer treatment, have a positive COVID-19 test, are suspected to
have COVID-19 because of their symptoms or exposure, or have been exposed to someone
who has COVID-19”, and that the Department of Public Health would institute rules and
regulations to implement such measures;
WHEREAS, on March 23, 2020, Governor Kemp additionally announced measures to
“close all bars and nightclubs and …ban all gatherings of ten or more people” unless they
can assure spacing for at least six (6) feet apart between people at all times beginning at
noon on March 24, 2020 and lasting until noon on April 6, 2020; and
WHEREAS, public health experts, including those at the CDC and the National Institutes
of Health (NIH), have advised that individuals infected with COVID-19 are contagious
even while experiencing minor or no symptoms and implored leaders to take immediate
action to prevent further community spread of COVID-19; and
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WHEREAS, preventing and slowing community spread of COVID-19 provides health
systems additional time to obtain personal protective equipment necessary to protect health
care workers and medical equipment necessary to treat COVID-19, and is therefore vital
to the health of the nation;
WHEREAS, in the judgment of the Mayor and Council of the City of Tybee Island , there
exist emergency circumstances located within its jurisdiction requiring extraordinary and
immediate response for the protection of the health, safety, and welfare of the citizens of
the community, the state, and the nation; and
WHEREAS, it is essential for the governing authority of the City of Tybee Island to act
immediately in order to minimize the spread of COVID-19 and to prevent or minimize
sickness, injury, or death, to people and damage to property resulting from this public
health crisis; and
WHEREAS, O.C.G.A. § 38-3-28 provides the political subdivisions of this state with the
authority to make, amend, and rescind such orders, rules, and regulations as may be
necessary for emergency management purposes to supplement rules and regulations
promulgated by the Governor during a State of Emergency; and
WHEREAS, the United States Supreme Court has previously held that “[u]pon the
principle of self-defense, of paramount necessity, a community has the right to protect itself
against an epidemic of disease which threatens the safety of its members”; and
WHEREAS, the Charter of the City of Tybee Island , section 1.13(7) provides the
governing authority of the city with the authority to take actions deemed necessary to deal
with such an emergency for the protection of the safety, health, and well-being of the
citizens of the city; and
WHEREAS, the City has previously declared an emergency to exist within the limits of
the City and imposed certain restrictions & made Orders/ Directives to protect the public
health & welfare; and
NOW, THEREFORE, IT IS HEREBY DECLARED that a local state of emergency
exists within the City of Tybee Island and shall continue until the conditions requiring this
declaration are abated.
THEREFORE, IT IS ORDERED AND ORDAINED BY THE AUTHORITY OF
THE MAYOR and COUNCIL OF THE CITY OF TYBEE ISLAND AS FOLLOWS:
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Section 1. Findings of Fact
For purposes of describing the circumstances which warrant the adoption of an emergency
ordinance, the governing authority of the city hereby adopt and make the findings included
in the “WHEREAS” clauses as findings of fact.
Section 2. Declaration of Public Health State of Emergency
The Mayor and Council hereby declares a public health state of emergency within the City
of Tybee Island because of the proliferation of COVID-19 in the United States and the
State of Georgia, which will remain in force and effect until 12:01 am on April 30, 2020
unless sooner cancelled by further action of the Mayor and Council..
Section 3. City Council Operations and Rules
City Council shall continue to operate and assemble at public meetings, subject to the
following:
a) Pursuant to the provisions of O.C.G.A.§ 50-14-1(g), City Council may
conduct public meetings via teleconference while this Ordinance is in effect, without the
requirement of having a quorum present in person, so long as notice is provided and
simultaneous access is afforded to the public to the teleconference meeting.
Notwithstanding the foregoing, in the event the City is unable to provide public
simultaneous access to a teleconference, the City shall take steps to ensure access to
minutes and discussions as promptly as possible through the City website or social media.
b) All policy-making functions of City Council (i.e. strategic plans, ordinances,
land use planning functions, visioning, development of City-wide objectives and goals and
like activities) shall be suspended while this Ordinance is in effect, except for policy-
making and ordinance functions directly related to addressing COVID-19 and related
public health and safety issues;
c) All zonings, plats, variances, and other land-use decision-making shall be
suspended while this Ordinance is in effect;
d) All non-essential business (i.e. proclamations, presentations, etc.) shall be
suspended while this Ordinance is in effect;
e) Contract, budgeting and fiscal operations shall continue in the ordinary
course of business;
f) Council rules and practices requiring or calling for two (2) readings of an
ordinance and the introduction or an ordinance are suspended and emergency actions ma y
be taken by ordinance effective immediately.
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Section 4. Public Gatherings on City Property
For the duration of the declared emergency, there shall be no public gatherings on any
property owned or controlled by the City. To avoid confusion, the following definitions
shall apply under this Section: a “public gathering” shall mean the organized gathering or
assembly of ten(10) or more persons at a specific location; “property owned or controlled
by the City” shall include any park, public square, public space, playground, recreational
area, or similar place of public gathering, but nothing herein shall prohibit individuals or
families from using sidewalks or designated pedestrian areas of parks for walking or other
exercise if they are not participating in an organized gathering. See Section 14
Notwithstanding the foregoing, the beaches of the Island having been closed by Emergency
Directive and Declaration of March 20, 2020 remains in place; is affirmed and ratified and
is extended until the effective termination of this ordinance.
Section 5. Utility Services
For the duration of the declared emergency, the City will not disconnect any public utility
service provided by the City on account of non-payment. After the conclusion of the
declared emergency, persons will have a period of thirty (30) days to make such payments
before service may be disconnected. See Section 14
Section 6. Classification of City Services
For the duration of the declared emergency, the City Manager shall be vested with the
following discretion and authority, to wit:
(a) To categorize City services as either “required” or “discretionary,” and to
periodically review and modify such categories.
(b) To assign specific employees to required or discretionary services, and to
periodically review and modify such assignments.
(c) To use his or her discretion to permit employees to telework.
(c) To temporarily suspend the provision of discretionary services and to direct
employees who provide discretionary services not to report to work until such time
as the service suspension is lifted or until such time as the City Manager redirects
the employee to other services.
(d) To contract for and expend non-budgeted sums and services, as may in his or her
discretion be required to meet the demands upon government and services of the
City for the duration of the declared emergency, including therein authority to
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spend such sums from the reserves of the City. Any such non-budgeted
expenditures shall be reported to the governing authority of the City.
(e) To maintain, to the best of the ability of the resources of the City, the provision of
essential services, which shall include, but not be limited to , public safety, public
works, healthcare, and building permits.
Section 7. Tolling of Deadlines
Any deadlines for the purchasing or obtaining by persons or businesses of occupation tax
certificates, permits or similar civil approvals mandated by the City Code shall be tolled
for the duration of the emergency as established herein, and for 15 days thereafter. Such
persons or businesses shall obtain necessary permissions required by law but deadlines set
by the City Code are tolled for the duration of the emergency as established herein, and for
15 days thereafter.
Section 8. Eating Establishments
Restaurants and other eating and dining establishments where food is served must cease
offering dine-in services but may continue preparing and offering food to customers via
delivery, drive-through or take-out services. Patrons, employees and contractors of the
establishments must maintain at least six (6) feet of personal distance between themselves
and others. If a restaurant is licensed to sell beer and wine for on-premises consumption,
such restaurant, during the effective dates of this ordinance only, shall be authorized to sell
unopened bottles or cans of beer or wine for take-out consumption off-premises; See
Section 14
Section 9. Closure of Certain Businesses
Gyms, fitness centers, pools, social clubs, amusement facilities, bowling alleys, pool halls,
theaters, massage parlors, nail salons, and any other similar facility, any facility used for
an activity that involves prolonged physical proximity of individuals, and any facility used
for entertainment, social, grooming, or general health and wellbeing purposes, must close
and remain closed for the duration of this emergency. See Section 14
Section 10. Personal Distance
All other establishments not covered in Sections 7 or 8 of this Ordinance such as grocery
stores, pharmacies, and other businesses which remain open during the emergency must
post signage on entrance doors informing consumers to maintain at least six (6) feet of
personal distance between themselves and others and shall not allow more than ten (10)
people into such establishment at any one time if such social distancing cannot be
maintained.
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Section 11. Gatherings
All public and private gatherings of more than ten (10) people occurring outside of a
household or living unit are prohibited. Nothing in this ordinance, however, prohibits the
gathering of individuals for the purposes of carrying on business certified as “essential” by
the Georgia Emergency Management Agency pursuant to O.C.G.A. § 38-3-58, the
provision of medical or health services, or critical infrastructure businesses and employees
as designated by the Governor or identified by U.S. Department of Homeland Security
Cybersecurity and Infrastructure Security Agency (as may be found in the Memorandum
on Identification of Essential Critical Infrastructure Workers During COVID-19 Response,
or subsequent document).
Section 12. Emergency Interim Successor to Manager/Administrator
The governing authority desires to make certain that the chain of authority within city
management is clear. If the City Manager is unable to perform his duties, then the
individual designated by the City Manager as the emergency interim successor pursuant to
O.C.G.A. § 38-3-50 shall assume the duties of the City Manager. Should the emergency
interim successor be unable to perform those duties the Mayor of the City shall assume
those duties.
Section 13. Procurement
The governing authority hereby suspends the bid and competitive portions of the City’s
Procurement Policy or ordinances and authorize the City Manager to utilize the single-
source policy and to require departments to provide a written justification for the
procurement during the effective dates of this Resolution and/or utilize any emergency
procurement provisions contained. County/city officials shall continue to seek the best
prices during the state of emergency.
Section 14. Existing and Prior Declarations and Directives and Amendments thereto
The City has previously adopted declarations, directives and resolutions necessitated by
the Covid-19 virus, all of which are ratified and reaffirmed herein. For purposes of clarity,
those prior actions are as follows:
Cancellation of permitted activities for groups in excess of Ten (10) persons
As noted above, the closing to the public of all beaches
The public consumption of alcoholic beverages was and is prohibited
Staff was directed to make a resource request to all agencies involved relating to
closure or restriction of traffic onto the Island
City parking lots were and are closed subject to the direction of the City Manager
or his designee
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Restaurants and other facilities that prepare and serve food may only do so for
delivery or carry out purposes
All businesses must close and cease operations including, but not limited to, the sale
of merchandise, services and all alcohol and food sales for consumption on the
premises at 11:00 p.m. effective March 20, 2020. Notwithstanding the foregoing,
businesses may continue food take-out services after 11:00 p.m. for pickup from
phone or online orders. There shall be no food or beverages sold to customers on
any part of the business premises or approaches thereto, while waiting on a pickup
order. Curbside pickup is permissible and the manager or his designee may
establish parking places for that purpose. Takeout services shall cease each morning
no later than 2:45 a.m. and each business shall remain closed until 7:00 a.m. when
normal operations may resume. Establishments selling gasoline may begin
operations at 6:00 a.m. This Order of March 20, 2020 was revised by the
Emergency Declaration Directive providing that commencing March 26, 2020 at
12:01 a.m. restaurants and any other facilities that prepare and serve food may only
do so for delivery or carryout purposes.
Fees and charges for occupational taxes, business licenses shall not be due until
April 30, 2020 and no late charges, fees or penalties will accrue from March 18,
2020 until April 30, 2020. This grace period expires April 30, 2020.
All nonessential businesses as defined herein shall cease operations as of 12:01 a.m.
on March 28, 2020 until further directive or the expiration of the Emergency
Declaration whichever shall last occur. Businesses which must close as "non-
essential" shall be all gift shops, clothing stores or shops, art shops, vaping stores,
golf cart or motorized vehicle rental businesses, businesses that provide bicycle or
rentals of similar transportation devices, such as but not limited to scooters, skate
boards, surf boards, kayaks, canoes or other watercrafts, etc. This shall not include
businesses which provide services or products considered essential including
hardware, plumbing, and building materials and all other businesses not described
above as non-essential. Businesses that are not located on Tybee Island but which
deliver products, equipment or services, which are not essential shall cease
operations. Food products, medications and health services are essential
Public playground equipment and courts shall not be used, occupied or played on or
upon. Groups in excess of ten (10) in public parks are prohibited and no recreational
sports whether formally or informally organized are permitted.
Section 15. Stay at Home/Shelter at Home
All individuals currently living within the City of Tybee Island are ordered to shelter at
their place of residence. To the extent individuals are using shared or outdoor spaces, they
must at all times as reasonably possible maintain social distancing of at least six (6) feet
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from any other person when they are outside their residence. All persons may leave their
residence only for essential activities, essential government functions or to operate or assist
in the operation of essential businesses. To the greatest extent feasible all essential
businesses shall comply with social distancing requirements by maintaining six (6) foot
social distancing for both employees and members of the public including, but not limited
to, when any customers are standing in line
All travel including travel on foot, bicycle, scooter, motorcycle, golf cart, or automobile,
is only permissible for essential services, businesses or activities.
Essential activities include:
a) To engage in activities or perform tasks essential to their health and safety,
or to the health and safety of their family or household members (including, but not limited
to, pets), such as, by way of example only and without limitation, obtaining medical
supplies or medication, visiting a health care professional, or obtaining supplies they need
to work from home.
b) To obtain necessary services or supplies for themselves and their family or
household members or to deliver those services or supplies to others.
c) To engage in outdoor activity, provided the individuals comply with social
distancing requirements, such as, by way of example and without limitation, walking
hiking, biking, running or other form of exercise.
d) To perform work deemed essential in this city or any other jurisdiction.
e) To care for a family member or pet in another household.
Possible additions:
Prohibit charter boats, boat tours, dolphin tours, etc.
Prohibit all new STVR and hotel reservations except for first responders or other
public safety personnel in need of shelter
Stop all construction activity except urgent repair and public projects such as the
MSC and DPW or Water Department projects.
All ordinances or parts of ordinances in conflict with the provisions of this Declaration are
hereby suspended during the effective dates of this Declaration (or any extension thereof)
and the terms and provisions of this Declaration shall prevail.
This Ordinance after adoption shall become effective immediately.
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C:\Users\bhughes\Downloads\572.1189 COVID-19-Model-Ord
(5).docx
IT IS HEREBY ORDAINED AND RESOLVED, this ______ day of
__________________, 2020.
Shirley Sessions
Mayor
Attest: Approved as to form:
Jan LeViner Edward M. Hughes
City Clerk City Attorney
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